Political consultant-turned-filmmaker to focus on ‘abuse’ of law to detain Americans after 9-11

By Mark Nickolas, on Wed Aug 14, 2013 at 8:30 AM ET

From Pure Politics, CN2:

The revelations about the National Security Agency’s phone tracking programs are only the latest iteration of the lengths the government has gone to stretch the law in the name of national security, said a former Kentucky political consultant.

Mark Nickolas, now a film school graduate, was selected to film a documentary on Abdullah al-Kidd, who along with the ACLU, has sued the government after authorities detained Kidd in the wake of 9-11 under what’s called the federal material witness law. The film is called A Cloud of Suspicion.

Kidd, a Kansas-born college football player in Idaho who had only recently converted to Islam, was arrested in March 2003 at Dulles Airport and held under the material witness law under the guise of being called as a witness against a fellow Muslim and University of Idaho student. Kidd was held for 15 months and never called to testify.

The New York Times first reported on Kidd’s saga and has followed it as Kidd and the ACLU have taken it to court. Now the ACLU granted Nickolas access to some of its information and key players as Nickolas puts together the film, which he said will show how the Bush administration overreached, the Obama administration failed to correct it and the U.S. Supreme Court has failed to properly check the powers, including when it comes to “abuse” of the federal material witness law.

“You don’t have the same constitutional rights as a witness. You don’t have Miranda rights because you’re not being charged as a criminal,” Nickolas told Pure Politics (2:30 of the video). You’re being held as a witness. So it’s more insidious than what we had ever done before.
(2:30)